Nonstandard Worker Project

NELP’s Nonstandard Worker Project seeks to ensure that all workers regardless of what their employer calls them – temp, independent contractor, part-timer – receive the full benefits of labor and employment laws.

U.S. businesses in all sectors are increasingly seeking ways to cut their labor costs, resulting in an apparent restructuring of relationships between millions of workers and their employers.  These work arrangements, called "nonstandard" or "contingent" work, encompass short-term and part-time work, outsourcing, independent contracting and subcontracting, and reliance on temporary and staffing services.

Contingent workers face lower pay and fewer benefits than their full-time permanent counterparts, discrimination, dangerous working conditions, and an almost total lack of job security. And they come from some of the most vulnerable sectors of the workforce, including women, immigrant, unorganized, low-skill, and low-wage workers.  The rise of contingent work has been facilitated by an almost total lack of enforcement of labor and employment law for these workers, as well as changes in state laws that harm nonstandard workers. 

NELP’s work in this area includes research, litigation, policy analysis, and advocacy. NELP sponsors an email group that specializes in the rights of nonstandard workers.  NELP plays an active role in networks of groups that address the problems of contingent work, participating in national conferences and helping to build connections between groups. NELP is continuing its support the National Alliance for Fair Employment (NAFFE).   NELP also provides technical assistance to many groups advocating on behalf of contingent workers.

Policy Updates
NELP's Immigrant & Nonstandard Worker Project regularly issues Policy Updates on a monthly basis. The goal of the policy updates is to identify trends and advocacy issues affecting low-wage immigrant workers. Since our desire is to provide updates that are useful and informative to all of you, we welcome any suggestions for issues we should address in our upcoming pieces.

Legislative Reform
Several public policy responses to contingent-work arrangements are needed.  Because the federal landscape is currently not susceptible to progressive change, the states have become important regions of change.  More resources are needed for public and private enforcement of legal obligations of companies engaged in labor subcontracting.  In some sectors, weak enforcement of labor rights in the context of labor subcontracting has contributed to widespread illegality.

Enforcement of Employment Rights
Because employer efforts to subcontract out work do not materially affect the true relationship between the employer and the employee, the primary means of enforcing rights of nonstandard workers is through enforcement of existing rights.  There is no need to change many federal laws that already afford nonstandard workers their most basic rights to minimum wage and overtime pay, to be free from discrimination, and the rights to a safe and healthy workplace. 

Specific Worker Initiatives
While many immigrants toil in the low-wage service and manufacturing economy, the specific workplace injustices and methods of exploitation differ with each industry.  Successful advocacy strategies and solutions must address the particularities of different workforces.  NELP assists organizers and advocates in efforts to address the different legal barriers and remedies in particular industries.